Multiple Sclerosis (MS) is an autoimmune disorder that affects the neurological system. Over time, symptoms can become debilitating and interfere with your ability to work.
Disability benefits through the Social Security Administration are available if you have this disabling condition and cannot work due to your MS symptoms. However, you must provide proof of your diagnosis and limitations before you will be approved for Social Security Disability (SSD) payments. A Richmond Multiple Sclerosis SSD lawyer at Harbison & Kavanaugh can help you compile a compelling application for benefits or pursue an appeal if your initial application is denied.
Specific Symptoms Can Lead to Automatic Approval
The Social Security Administration (SSA) does not grant benefits on the basis of an MS diagnosis alone. However, approval of SSD benefits is usually automatic when you can establish your diagnosis and a specific constellation of symptoms.
You meet the criteria for approval if you can prove your diagnosis and demonstrate difficulty controlling both arms, both legs, or one arm and one leg, resulting in mobility or balance issues. Alternatively, you qualify if you can demonstrate marked physical limitations and marked deficits in one of the following:
- Understanding and processing information
- Interacting with others
- Self-care
- Completing tasks
The SSA uses five labels to categorize symptoms, and “marked” is the second-most severe. The SSA will review your medical record and personal account of your symptoms and activities to determine whether you qualify for automatic approval. Our attorneys in Richmond have substantial experience helping MS patients obtain SSD benefits and can help ensure you make a robust case for automatic approval.
What Are the Special Challenges of Proving Multiple Sclerosis Renders You Disabled?
Many MS patients will not meet the criteria for automatic approval. MS is a progressive disease and it is episodic for most people, with periodic flare-ups of symptoms followed by periods of remission. Baseline functioning tends to diminish after each flare-up but sometimes people regain some functioning with treatment.
When the Social Security Administration evaluates an MS patient’s application for SSD benefits, it takes into account that the disease is typically episodic. It will evaluate the progress of your disease, including the frequency of flare-ups, the typical lengths of remission periods, and your baseline function during remissions. Our SSD attorneys in Richmond can make a persuasive argument that the impact of your MS symptoms entitles you to disability payments.
Proving You Qualify for SSD Benefits
SSD benefits are available when you can prove that you are unable to engage in full-time work because of your condition. Proving the restrictions and limitations you suffer because of your disease is critical in establishing your disability. For multiple sclerosis patients, physical limitations may include an inability to walk without aid, balance problems, or inadequate coordination or strength to lift, pull, or push. The neurological, emotional, and social limitations of the disease can also be debilitating. The SSA considers the cumulative impact of all your symptoms when deciding whether you are capable of working.
Our Richmond attorneys can ensure that your SSD application for benefits includes substantial objective evidence of your MS diagnosis and functional impairments. In some cases, we may suggest that you undergo additional assessments or testing to bolster the information already in your medical record.
Consult Our Richmond Attorneys When Applying for SSD Benefits for Multiple Sclerosis
Multiple Sclerosis can severely impact your functioning, but the nature of the disease makes proving disability challenging in some cases. Enhance your chances of a successful application by working with a Richmond Multiple Sclerosis SSD lawyer at Harbison & Kavanaugh. We devote our careers to helping disabled workers get the benefits they have earned, so contact us today.
